4
THE MOKXINti ORfcGOXIAX, SATURDAY, JUNE 8, 1907.
'T BE
Br FIERCE FIRE
(Continued from First Page.)
vents beginning with the explosion in
the Vindicator mine and ending -with the
earlier meetings between the witness and
the leaders of the Federation in Denver.
To the extent that traffic with the "other
side" In the war of labor and capital In
Colorado was discreditable, they suc
ceeded in discrediting the witness.
Taking up the admission of Orchard in
direct examination that he had been
treacherous to his comrades in Cripple
Creek by tipping off a train-wrecking
plot, they developed the fact that Or
chard entered the employ of D. C. Scott,
who had charge of the railway detectives.
Orchard said that, with Scott, he had
met K. C. Sterling, a detective in the
employ of the Mineowners Association,
and that Scott had paid his expenses and
accompanied him to Denver on the trip
when first he had met Moyer and Hay
wood. He said that he had agreed to
report to Scott, but that he was lying to
the latter, never intending to make re
ports to him and never did make genuine
reports to him. The defense also tried to
show that, because he stood In with the
other side. Orchard was never molested
by the militia in Cripple Creek during
the strike. Orchard admitted that Scott
had told him. If the mlliatla Interfered
with him, he was to send for Beott, and
that the militia never did Interfere with
him or search hlB house.
Crimes Great and Small.
Orchard said that he went to Scott first
because he had not been paid for his
work at the Vindicator mine, and he was
jealous because he was given hard work
like the Vindicator Job, while other men
got the simple task of train-wrecking by
displacing a rail.
More crimes, preat and small, were
added to Orchard's record today. The
Cripple Creek woman with whom he com
mitted bigamy had three sons; Orchard
stole high-grade ore from a messmate;
he stole two cases of powder from the
Vindicator mine; he stole powder to make
one of the bombs thrown into the Vindi
cator coal pile; and he told a lie.
The dofense endeavored in various
ways to throw the shadow of doubt
and Improbability around the whole
Vindicator story and the alleged con
nection of W. F. Davis and William
Easterly with the affair and the cir
cumstances under which Orchard tes
tified he met Moyer and Haywood and
was paid for the commission of the
crime, and to discredit Orchard's story
that he was sent back to Cripple Creek
with unlimited credit and orders to
commit any act of violence that he
cared to. They confronted Orchard
with Easterly and Owney Barnes and
paved the way for the contradiction by
them of the story told by Orchard,
and several times during the day paved
the way for the controversion of his
testimony on material points. Orchard
stood the strain and test very well and
held tenaciously to the story he re
lated yesterday and the day before.
Wards Oft "Mineowners' Thugs."
Suddenly, toward the close of the
day, the defense took up the trip Or
chard made to Southern Colorado with
Moyer In the early part of 1904 and
showed that aloyer feared to go south
unguarded because "mineowners offi
cial thugs" had beaten up Innocent
union men, and had sent for Orchard
to aid In protecting him. It was
agreed that they should carry cut-off
shotguns and sit In the center of the
railway car so that. It they were at
tacked, they could defend themselves.
Mr. Richardson, in questioning the wit
ness, made It very clear that this had
been a perfectly straight proposition,
'free from any fake."
Counsel flared up several times dur
ing the day and in the last passage
at arms Mr. Hawley said that Mr.
Richardson told a falsehood when he
Intimated that Orchard was a fixed
witness.
The trial goes on at 9:30 tomorrow,
when cross-examination of Orchard,
who has now been on the stand for
three days, will be continued.
ORCHARD VSBEU CROSS-FIRE
Proposed Vindicator Outrage Took
Money From Both Parties.
BOISE Idaho, June 7. When Orchard
resumed the stand today E. F. Richard
son began at once to ply him with a
rapid fire of questions. Before answer
ing. Orchard asked permission to correct"
two statements of yesterday. He said he
had neglected to give the name of his
sixth sister Minnie Horsley, who married
a man named Rogers and who lives in
New York State somewhere. Orchard
said that he stated yesterday he had no
partners In the wood business In Burke,
Idaho. He remembered today that there
were two men to whom he owed money
and to whom he had promised an inter
est In the business.
While Orchard was making the latter
statement Mr. Richardson interrupted
him with a question.
The attorneys for the state at once ob
jected to counsel's cutting the witness oft.
Orchard also protested to the court, say
ing he would like to have the opportunity
to state his answers before being Inter
rupted. "We both can't talk at the same time,"
he said to Mr. Richardson, "and yester
day you asked me new questions before I
could answer the old ones."
Counsel again joined in the protest, and
Mr. Richnulson became somewhat ex
cited, declaring that if it was the pur
pose of counsel to start a row between
him . and the witness lie thought they
might just as well have It out at once.
"The witness will be allowed to an
swer the questions without Interrup
tion," said Judge Wood sternly, and
the examination proceeded.
Names Accomplices at Vardncr.
Orchard admitted that while he was
in the Idaho mining country he be
came quite a gambler, playing poker
most of the time. He was asked how
he voted the day the unions decided to
Ko down to Wardner and blow the Bunker
Hill & Sullivan mill, and cald he did
not remember. Mr. Richardson wanted
the witness to name all who attended
the meeting. He gave the names of
five or six.
"And those are all you remember!"
asked Mr. Richardson.
"Not all I remember, but they are
the only ones whose names I can re
call at this time," replied the witness
coolly.
The attorney next took the witness
through a description of the make-up
of the train which took the rioting
miners to Wardner. Orchard said It
was composed of 15 cars, some being
freight and others passenger coacnes.
jou sure?" finally asked, Mr. iiich.-
cm
MOULD
ardson. "that you were not at Burke
or Mullan playing poker when this ex
plosion occurred?"
Sure He Lit the Fuse.
"I am sure." came the reply. "I lit
one of the fuses, which fired powder
nnitpr the mill."
"Did you know Haywood, Moyer or '
Pettibone at this time?"
"No, lr."
"They were not with you at Ward
ner when the mill was blown up, were
they?"
"No, sir, not that I know of."
Orchard said he-left Idaho after the
blowing up of the Bunker Hill & Sul
livan mill to avoid arrest. He was
taken over the years from 1899 to 1902
In detail, explaining to Mr. Richardson
where he worked, where he got his
money and where he went from time
to time. Orchard said he worked on
nn avetratra rf 1ft fir- 11 months a Tear
I In the mines - of Utah, Nevada and Ari
zona. He gambled part of the time.
In reply to Mr. Richardson's questions.
Orchard traced his journeylngs from
place to place. He seldom remained
more than from one to three months
in any mining camp.
Up to the time he went to Colorado in
1902, Orchard said he had never heard of
Haywood, Pettibone. Moyer or Simpkins.
Orchard said he did not hear, of Gov
ernor Steunenberg's action in suppressing
the Coeur d'Alene troubles until some
time after he left the State of Idaho.
Rejoins Union in Colorado.
The witness said it was his own Initia
tive which took him to Colorado and
said that no one connected with the West
ern Federation of Miners had urged his
poing. At that time, July or August of
1902,, there was no trouble In Cripple
Creek. Arriving in Colorado, he went to
work in the Trachite mine and renewed
his membership in the Western Federa
tion of Miners, joining a local headed by
W. F. Davis, who had been in charge of
the party which blew up the Bunker
Hill & Sullivan mill.
Mr. Richardson asked the witness
repeatedly about his gambling expe
riences, laying much stress on thls fea
ture of the cross-examination.
"When the Western Federation of Minr
ers ordered a strike at Cripple Creek in
August, 1U03, Orchard said he went out
with the other union men. The strike
committee was composed of W. F. Davis,
Sherman Parker and a man named Ken
nlston. Orchard said he had heard that
Parker and Kennlston are dead.
Made Money as High-Grader.
Mr. Richardson next took the witness
through his "high grading" experience in
the Vindicator mine.
"When you said the other day that you
had 'high graded' in the Vindicator dur
ing the strike, you simply meant that you
were an ore thief, didn't you?"
"I don't know what you call It," replied
Orchard. "We took the high class of ore
out secretly and sold It."
"You often made as high as J3S or J30
a day, didn't you, from 'high grading?" "
"Yes."
Orchard said he also "hlsrh graded"
while at work In the Vindicator before
the strike.
In his direct testimony. Orchard said
he had reported to Davis the finding
of a carload of powder in the Vindicator
mine.
"Up to the time you told this to Davis,
had there been any talk to you of pro
posed violence to the mine?" asked Mr.
Richardson.
"No, sir."
"You ijroached the subject?"
Proposed Vindicator Explosion.
"Yes; ' I'd heard the leaders of the
Western Federation of Miners had blown
up mines before."
The witness couldn't recall who had
told him of this. He believed it was
Arthur Doolln.-
"Your object was to suggest to Davis
the firing of this powder?"
"I felt some enmity to the mineowners
and had thought of it. The soldiers had
been brought in there and were running
us around."
Asked how he came to know there was
powder In the "mine. Orchard said he
had stolen some and used It.
"Was there anything in your experi
ences at Wardner, Idaho, which also
suggested the touching off of this powder
to you?"
"It may have."
"Did the suggestion that the powder in
the mine ba touched off come from yo"u
or Davis?"
"From t)avis. He said he" would give
me 3J0 to touch it off."
Orchard said he had communicated his
"thoughts" about blowing up the mine to
Davis.
With a man named Seholts. Orchard
said he went into the Vindicator mine
to attempt to fire the powder. A "eager"
discovered them and they shot at him.
This Incident caused an abandonment of
the plan of blowing up the mine at the
time. Orchard said the mine was guarded
by the militia when he and his compan
ion went down, but there was one passage
left unguarded. Two months later the
matter of blowing up the mine was again
taken up.
"Then who suggested It this time?" de
manded Mr. Richarilson.
"Sherman Parker and Davis."
Orchard said the plan this time was to
attach a pistol to a lift bar at the seventh
level. The cage would lift this bar, dis
charge the pistol into a box of giant
caps, which. In turn, would fire the
powder.
Orchard said Will Easterly helped him
conduct experiments along this -line.
Confronts Brother Bomb-Maker.
"Is Easterly In the room?" asked Mr.
Richardson In loud voice.
A man stood up in the rear of the court
and was commanded by the attorney for
the defense to come down the,center aisle
and confront the witness.
"Is that the Easterly you mean?" Mr.
Richardson asked of Orchard.
The witness looked at the newcomer and
quickly replied:
"That's the man."
Orchard said the experiments were con
ducted in an abandoned shaft house. Sol
diers were stationed within 300 yards, but
nobody said anything of the revolver
shots and exploding caps.
"Whose revolver did you use?"
"My own."
Orchard said Easterly told him he
couldn't be mixed up with the explosion.
"Did you ask him to participate?"
"No,"
"He declined without being asked?"
"Yes, he said he was an officer f the
union."
For the second attempt on the mine. Or
chard said he was promised $50.
"Were you going to fire the carload of
powder?"
"No, it was to be a bomb this time."
Superintendent McCormlck and Mel
Beck were killed a week lajer. Orchard
supposed their death was due to his
bomb. "Billy" Ackerman helped him
place the bomb.
Commits Bigamy, Betrays Vnlon.
In June, 1903, Orchard said he mar
ried Mrs. Ida Toney, a widow with
three children. Her house was but a
short distance from the Vindicator
mine. The witness said the woman
continues to live there, so far as he
knows. Orchard said he went to Davis
and Parker for money after the death
of McCormlck and Beck. They prom
ised some the next day. Orchard ad
mitted he had felt "sore" because he
had been refused money for his first at
tempt on the mine.
Asked why he informed the Florence
& Cripple Creek Railroad Company of
the miners' plot to wreck the train. Or
chard said he was perhaps a little jeal
ous because he had not been employed
to do the job.
Resuming the stand at the afternoon
session of court. Orchard said that prior
to his marriage in Colorado he lived
at Johnny Neville's house at Cripple
1 Creek, tit admitted takloj; soma Ugrb.jLwere cathered. If oyer told him that tba
grade ore from a roommate's trunk
and selling it for $10. The roommate,
John Thompson, had "high graded" the
ore.
After first reporting to D. C. Scott,
a detective of the Florence & Cripple
Creek railroad, about the attempt to
wreck a train. Orchard said he had seen
the officer several times. He denied
that he was reporting to the detective.
Orchard also said he had Been to see
D. C. Sterling, who had charge of the
detective force of the Mineowners' As
sociation. "Didn't you tell Scott and Sterling
that you were going to the headquar
ters to get something against the lead
ers of tho Western Federation of Min
ers?" asked Mr. Richardson.
Got Money From Both Sides.
"I told Scott I was going to try to find
out something about Easterly."
"Who paid your expenses to Denver."
"Scott."
"Who paid your expenses in Denver?"
"I got some money from Moyer."
"Didn't you tell Scott you were going
to find out something about Haywood and
Moyer?"
"Yes, I told him that."
Orchard said he was not employed by
Scott and went to Denver only once In
December, 1903. He said he had tried to
conceal the fact that he had been to see
Scott and-Sterling, but told Parker , and
Davis, about it when they got out of
jail. Orchard denied that he had ever
given any information concerning Moyer
or Haywood and said he was lying to
Scott when he promised to get informa
tion for him.
Mr. Richardson again began to Inter
rupt the replies of the witness to some of
his questions and this brought out a pro
test from the prosecution.
Lawyers Pass the Lie.
"You mustn't lift the lid without ex
pecting what Is beneath to come out,"
taunted Senator Borah for the state.
"When I lift the lid, I want it to come
out." replied Mr. Richardson. Then after
a moment he added:
"I know that this lid has been fixed up
for us and what's beneath is also fixed
up."
Mr. Hawley was on his feet In a mo
ment "If you make a statement like that,"
he shouted to Richardson, "you make a
statement that is absolutely false."
"Proceed, gentlemen," called out Judge
Wood.
Mr. Richardson did not reply to Mr.
Hawley, but again took up the cross-examination.
Orchard said that, when he' went to
Denver In 1903 on money supplied by De
tective Scott, it was the first time he
had met Haywood and Moyer. He had'
not heard of Pettibone up to this time.
Haywood and Moyer told him when he
introduced himself that they had heard
of him. Mr. Richardson read an extract
from Orchard's testimony of yesterday.
The witness interrupted him once to say
he had omitted two words which he said
the stenographer had left out.
"These words were under the lid yes
terday, I suppose," the attorney snarled
at the witness.
"I don't know anything about a lid,'
replied Orchard, unperturbed.
"Have you seen Detective McParland
since yesterday?"
"Yes, sir."
"Ah, ha," called tho attorney, "how
long were you with him'"
"I saw him for five or ten minutes in
Mr. Hawley's office toda? at noon."
Could Not Go Too Far.
Orchard said that, when he returneu
to Cripple Creek from Denver, he report
ed to Detectives Scott and Sterling, but
did not tell them about his interview
with Haywood and Moyer. At this in
terview Moyer and Haywood had told
him. Orchard said, to get busy at Cripple
Creek and do whatever he could that he
could not go too far for them. Moyer
gave him $20 and Haywood said he could
get more whenever he wanted it.
"So you were never broke after that?"
suggested Mr. Richardson. ...
"I was broke several times, hut I got
money every time I asked for it."
Orchard was next told to describe the
making of the two bombs in Cripple
Creek which were to be thrown into the
Vindicator coal-bins. Orchard said he
stole the powder from a man named
Charley Perkins. He and Owney Barnes
made the bombs in Barnes' cabin.
Then for a second time during the day
Orchard was confronted with ' a prospec
tive witness for tho defense. Barnes was
in the audience and was told to stand up.
Orchard looked at him and once more
without hesitation, said:
Identifies Another Accomplice.
"That's tho man with whom I made
the bombs."
Barnes, a short heavy-set man witll
large mustache, grinned and sat down.
Orchard said no one told him to
make these particular bombs. He did
it In accordance with the understand
ing at the interview with Moyer, Hay
wood and Easterly In Denver to go
ahead and do what he could.
He said he got $150 from Moyer in
Cripple Creek. Orchard said that in
December, 1903, he was told by Hay
wood and Moyer to turn things loose
he could not go too fierce to suit them.
During the first days of January, he
said, he was told to keep quiet until
some of the Federation men under ar
rest in Cripple Creek had been tried.
"So the policy of the Federation
changed completely inside of two
weeks?" asked Mr. Richardson.
"It was more than two weeks," re
plied the witness.
Mr. Richardson asked Orchard if De
tective Scott had not told him that the
company had arranged to stop a train
at a certain curve, draw some spikes
and charge an attempt at train-wrecking
to the Western Federation of
Miners. Orchard denied that he had
ever heard such a story. At a subse
quent trial of alleged train-wreckers.
Orchard said he heard one of the wit
nesses testify that he was a detective of
the Thiol agency and at the same time
a member of the miners' union. This
man was Involved in the derailing.
Not Hampered by Soldiers.
"Did Scott ever give you a passport
through the military lines?"
"No, sir. He told me if I ever got
In trouble with the militia to let him
know."
"Did you ever have any trouble with
the soldiers?"
"No. sir."
"Did the pickets or sentries ever
stop you?"
"No, sir."
"You went where you pleased?"
"Yes, sir."
"And your house was never searched
by the militia?"
"No, sir."
"But the searching; of houses was
very general?"
"I understood so."
Before "returning to Cripple Creek in
January,. 1904. Orchard said Pettibone
gave him several cans of "Pettibone
dope" or Gercian fire, enough to make
four gallons. Hs was to- throw it in
the cars "scabs" were riding in and
down mine shafts. , Orchard said he
buried . the "dope," and never used it.
After his arrest in Caldwell he told
Detective McParland about the dope
and the latter, he heard, had dug it up.
Orchard would not admit that the
militia was searching each train at
the time he took the xlope Into the
district.
"You had no fear of being searched?"
Mr. Richardson suggested.
"I tried to keep away from the soldiers
as much as possible."
Orchard ' told of Moyer's sending to
Cripple Creek for him soon after this.
Moyer wanted him to go along to Ouray
and to Silverton, where the Telluride
miners who had been deported by General
Bulkley Wells, of the Colorado Militia,
l t
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-" t a
mineowners' thugs had threatened to beat
him up if they caught him outside Denver.
Orchard was to go along to help defend
Moyer in case of attack. Two eawed-oft
shotguns were placed In grips, Moyer
saying the guns would be good protection
in the event of an attack. Orchard said
he also carried two pistols. He said
Moyer had the shotguns all ready when
he reached Denver. Nothing happened on
the trip to Ouray and, once there, Moyer
was busy with the miners.
Moyer eventually was arrested for dese
crating the American flag, having drawn
pictures of the flag and printed some
thing on the stripes.
Orchard said he took the two sawed-off
shotguns back to the miners' headquar
ters in Denver, where they remained until
he got them some time later, using one
to kill Lyte Gregory with.
Mr. Richardson asked tho witness if he
did not know as a matter of fact that
Moyer still had possession of his gun and
that It had never been fired. Orchard
said this might be so he said there were
more than two of the guns at head
quarters. It was evident that Orchard's cross-examination
was not 'one halt completed
when court adjourned until tomorrow
morning at 9:30 o'clock. Tomorrow being
Saturday, there will be but one ses
sion of court.
PEABODY'S LIFE THREATENED
Has Received Anonymous Letters
Since Haywood Trial Began.
KANSAS CITY, Mo., June 7. James H.
Peabody, former Governor of Colorado,
who is here on business, said last night In
an interview that he had, since the Hay
wood trial in Boise began, received sev
eral anonymous letters threatening his
life. ' He said he paid no attention to the
letters because they evidently did not
come from responsible sources.
"It would be very injudicious on my
part to make a statement about this man
Orchard's testimony or about the Hay
wood case," said Mr. Peabody.
"I have been subpenaed as a witness
in the case, and I am only waiting a
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I wish I might state just what my tes
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the case and these various threats and
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that can be construed in the' light of
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Orchard Not American Citizen.
BOISE, ' Idaho, June 7. According to
those who know the facts of his early
life. Orchard Is not a naturalized citizen
of this country. His parents, of course,
were Canadians, the father of English and
the mother of Irish descent. Orchard
himself had but little education. He at
tended the country schools In Canada,
but passed through only a few of the
lower grades. He Is the second child of
seven. All his brothers and sisters are
living. He was oyer 20 years of age when
he left home and went to Saginaw, Mich.
CONGER DIEDA POOR MAM
Ex-Ambassador's Estate Valued at
91100 Left No Will.
LOS ANGELES, June 7. A petition
for letters of administration for the
estate of E. E Conger, late United
States Ambassador to Mexico, was filed
today by Sarah J. Conger, his widow.
The petition states that the decedent
died intestate, and places the value of
his estate at $1100.
It consists of $1000 standing to his
credit with the State Department at
Washington, and personal property to
the value of $100. Haste Is urged in
the petition, as the appropriation from
which the balance due from th Gov
ernment is payable will lapse on
June 30.
Panlo on Genoa Bourse.
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the panlo on the bourse In Genoa, Italy,
bepan with the preparations for May set-
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Shanks M 6
Roast ...... 10
Watch Onr Ads Constantly for Lowest Prices and Special Sales I
THE HARRY WOOD MARKET
"HOME OF GOVERNMENT-INSPECTED MEAT"
Cor. First and Alder. Two Entrances
Ipecialists for Men
We esperlolly invite those who have deep-seated and chronic dis
orders to call and be examined. Consultation and examination is free,
and carries with It no obligation to enipag-e our services.
Our offices are equipped with the most modern and scientific me
chanical devices for the treatment of chronic diseases. Our charges are
reasonable and in reach of any workingman. By the latest and best
methods we cure Blood Poison, Ulcers, Sores, Swollen Olunilr. Our
treatment ts scientific and rational, and will eliminate every vestige of
poison from your system. We also cure Chronic Diseases. Nervous De
bility, Varicocele, Hydrocele and Bladder Diseases, and all Diseases aad
Weaknesses.
Constipation, Piles and Fistula
Cured by up-to-date methods. Not temporary relief, but a positive,
permanent cure guaranteed.
Constipation is the cause of a large majority of rectal troubles and
many other ailments. When the bowels do not move it interferes with
the proper action of the different organs of the body. Have the consti
pation cured and you will have more energy and feel much better in
every way.
Strength is necessary to success. No man can give the strength of
his mind and body to tho strenuous work of building a future for him
self unless he has a reserve force to back him up. you can't build suc
cess without spending a great deal of nervous energy, and you can't
spend nervous energy unless you have It.
WTrlte If you cannot can.
HOURS 9 A. M. to 5 P. M. Evenings, 7 to 8:30. Sundays, 9 A. M. to 12 M.
ST. LOUIS
MEDICAL AND
SURGICAL
CORNER SECOND AND YAMHILL
tlement, when a serious break occurred
In securities of the Ramlfera, an incor
porated association of the copper indus
try of Italy.
GARFIELD WILL TOUR WEST
Spends July 13 in Portland, Then
Goes to Klamath.
OREGONIAN NEWS BUREAU, Wash
ington, June 7. Secretary Garfield, of the
Interior Department, who is soon to leave
5 PER
C POUND
Except Loins
and Prime Ribs
Chops 10
Leg of Pork 12i2
SUNDRIES
Pigs' Feet
Kidneys
Hearts
5
5
5
Livers 5
Oxtails
5
Tripe
Hamburger
8
Brains .... .,. ,.,. 10
Tongues .,.10
Mixed Sausage ,.:. .10
Ham 17
Bacon , 17
This institution has been located here In Port
land since 18S0, and during this long- period we can
honestly say that the satisfaction we receive in
seeing- thousands of cured cases recommending
others to us for treatment Is not only pleasing- but
gratifying-. This is no mushroom growth, but one
steady and Hure, s;lvins; results and permanently
curing; our patients. Call and see us If you wish
to deal with reputable specialists. We s;lve you a
square deal.
Our fee S10 In most cases. Pay when cured.
We treat all acute, chronic diseases of men only.
Gonorrhoea cured In a week.
DISPENSARY
STREETS, PORTLAND, OREGON.
for an extended tour through the West,
will reach Portland July 13, remaining
one day. He will be met there by Di
rector Newell, of the Reclamation Serv
ice, and . the two will visit the Klamath
irrigation project. Crater Lake park and
the Klamath Indian Reservation, going
thence to California.
Before reaching Portland, Mr. Garfield
will cross through Idaho, arriving at
Spokane July 6, and spending two day
there. On July 8 and 9 he will be at
North Yakima, looking over Government
irrigation projects. He will go thence to
Seattle, where ha will spend the 10th and
llth with Land Commissioner Bellinger.
Friday the 12th will be spent at Tacoma.